News

Duncan Lewis’ Housing team is delighted to announce a successful outcome for one of our homeless clients, who secured an ideal offer of permanent accommodation following a lengthy homelessness appeal procedure.

In July 2022, our client applied to Westminster City Council for homelessness assistance under Part 7 of the Housing Act 1996. The Council made an offer of temporary accommodation and in August 2022, issued our client’s Personal Housing Plan.

In January 2023, the Council accepted the main housing duty which provided our client with the legal right to submit a request for a suitability review on the basis that he did not have access to a lift, noise disturbances and drug use by other residents, and rodent infestation. In late January 2023, we submitted representations voicing his concerns.

In response, the Council provided a Minded to letter maintaining that the property was suitable, which prompted our team to submit final representations. Following our final representations, our client did not receive the Council’s final review decision. This failing allowed our client to exercise their right to appeal.

We instructed Counsel, Mr Toby Vanhegan of 4-5 Gray’s Inn to draft the grounds of appeal focusing on the decision makers’ failure to consider our client’s medical conditions; impact of the neighbours’ behaviour, and the rodent issue on the accommodation's suitability. We lodged an appeal under s204 of the Housing Act. During the course of the appeal, we submitted amended grounds of appeal and specified the grounds in the Skeleton Argument.

In September 2023, the Council eventually provided its final decision, which continued to uphold that the property was suitable for our client.

However, as the appeal progressed into 2024, the Council proposed an offer of permanent accommodation. Our client confirmed that the new offer was suitable, and the Council agreed to withdraw its September 2023 review decision.

We are very pleased for our client who will soon move into a new and permanent home, providing a fresh start following difficult circumstances.

When assessing the suitability of accommodation, the local authority must consider the needs and circumstances of the household; location; affordability; and type and standard of the accommodation. If an individual finds an offer unsuitable, they can exercise their right to review it. However, this process can be uncertain, as the local authority might end its main housing duty.

If the review finds that the accommodation is not suitable, then the local authority must restore its main housing duty and provide suitable alternative accommodation. This process can take time. If the review upholds the decision that the accommodation is suitable, the individual may appeal to the County Court.

Our Housing Law team is dedicated to advising and assisting homeless applicants on all homelessness matters. If you need assistance, please do not hesitate to contact Duncan Lewis Housing Solicitors in confidence on 0333 772 0409.

Duncan Lewis’ Housing Team

Duncan Lewis' Housing team, ranked by The Legal 500 directory as a Top Tier practice for its services, offers both publicly funded (legal aid) and privately funded legal services from 14 key offices nationwide. Duncan Lewis Housing Solicitors can guide clients in any matter or issues arising with local housing authorities, housing applications, tenants, landlords, ownership and repairs. With a niche expertise in unlawful eviction, disrepair and homelessness matters the team offers representation in all proceedings including reviews, appeals and judicial review proceedings.

About the Author

Miranda Quashie is a Trainee Solicitor in the Housing department at Duncan Lewis Solicitors. Miranda is instructed on a variety of publicly and privately funded social housing matters concerning challenges to housing authorities, such as homelessness (including reviews and appeals to the County Court), suitability review cases, housing litigation matters, eviction and possession proceedings, disrepair, harassment and injunction proceedings and judicial review applications